WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO v. AMERICAN FEDERATION OF TEACHERS, AFL-CIO
| WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO |
| AMERICAN FEDERATION OF TEACHERS, AFL-CIO |
| NATHAN SAUNDERS |
| 1:2010cv01387 |
| August 18, 2010 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 11001 |
| Colleen Kollar-Kotelly |
| Labor Management Report & Disclosure |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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| Filing 41 TRANSCRIPT OF PROCEEDINGS before Judge Colleen Kollar-Kotelly held on 8-31-10; Page Numbers: 1-64. Date of Issuance:4-22-11. Court Reporter/Transcriber Lisa Foradori, Telephone number 202-354-3269, Court Reporter Email Address : L4dori@yahoo.com.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 5/13/2011. Redacted Transcript Deadline set for 5/23/2011. Release of Transcript Restriction set for 7/21/2011.(Hand, Lisa) |
Filing 40
ORDER. In light of the AFT's #39 Consent to Dismissal of Case, the WTU's #28 Motion for Dismissals is GRANTED; this case is DISMISSED. This is a final, appealable Order. Signed by Judge Colleen Kollar-Kotelly on December 2, 2010. (lcckk1)
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| Filing 39 Consent MOTION to Dismiss by AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Gilligan, Charles) |
| Set/Reset Deadlines: Response due by 12/2/2010 to Motion to Dismiss. (dot, ) |
| ENTER IN ERRORR.....Set/Reset Deadlines: Response due by 12/2/2011 to Motion to Dismiss. (dot, ) Modified on 11/10/2010 (dot, ). |
| Filing 38 Consent MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss by AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Attachments: #1 Proposed Order)(Gilligan, Charles) |
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MINUTE ORDER (paperless) GRANTING Defendant's #38 Consent Motion to Further Extend Time to Respond to Motion to Dismiss. Defendant shall have until December 2, 2010, to file a response to Plaintiff's Motion to Dismiss. Signed by Judge Colleen Kollar-Kotelly on November 8, 2010. (lcckk1)
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| Filing 37 Consent MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss by AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Attachments: #1 Proposed Order)(Gilligan, Charles) |
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MINUTE ORDER granting #37 Consent Motion to Further Extend Time to Respond to Motion to Dismiss. Defendant shall have until and including November 8, 2010, to respond to Plaintiff's Motion to Dismiss. Set/Reset Deadline: Response to Dispositive Motion due by 11/8/2010. Signed by Judge Colleen Kollar-Kotelly on October 29, 2010. (SM)
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| Set/Reset Deadlines: Defendant's Response due by 10/29/2010. (dot, ) |
| Filing 36 MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on October 22, 2010. (lcckk1) |
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Filing 35
ORDER. For the reasons expressed in the accompanying Memorandum Opinion, the #26 Motion of Nathan Saunders for Conditional Intervention is DENIED. The American Federation of Teachers' #34 Consent Motion for Extension of Time to Respond to Motion to Dismiss is GRANTED. The American Federation of Teachers shall have until October 29, 2010, to file a response to the Washington Teachers' Union's #28 Motion to Dismiss. The #28 Motion to Dismiss is HELD IN ABEYANCE pending further briefing from the parties. Signed by Judge Colleen Kollar-Kotelly on October 22, 2010. (lcckk1)
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| Filing 34 Consent MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss by AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Attachments: #1 Proposed Order)(Gilligan, Charles) |
| Filing 33 REPLY to opposition to motion re #28 MOTION to Dismiss filed by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO. (Zwack, Brenda) |
| Filing 32 Memorandum in opposition to re #28 MOTION to Dismiss filed by NATHAN SAUNDERS. (Attachments: #1 Text of Proposed Order)(Markovitz, Brian) |
| Filing 31 REPLY to opposition to motion re #26 MOTION to Intervene filed by NATHAN SAUNDERS. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Markovitz, Brian) |
| Filing 30 Memorandum in opposition to re #26 MOTION to Intervene filed by AMERICAN FEDERATION OF TEACHERS, AFL-CIO. (Attachments: #1 Third Declaration- ASquire)(Gilligan, Charles) |
| Filing 29 Memorandum in opposition to re #26 MOTION to Intervene and to Enforce Joint Stipulation filed by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hajjar, Anton) |
| Filing 28 MOTION to Dismiss by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Hajjar, Anton) |
| Filing 27 NOTICE of Appearance by Brian J. Markovitz on behalf of NATHAN SAUNDERS (Markovitz, Brian) |
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MINUTE ORDER (paperless). On September 30, 2010, Nathan Saunders filed a #26 Motion for Conditional Intervention, along with a Motion to Enforce Joint Stipulation and Emergency Motion to Shorten Time for Parties to Respond to his motions. Although filed on September 30, the motions were not docketed until October 5, 2010. The certificate of service indicates that the parties were served with copies of these motions on September 30, 2010. Accordingly, the parties shall file responses to Nathan Saunders' motions by no later than October 8, 2010. The parties shall indicate in their responses the status of their settlement negotiations. Signed by Judge Colleen Kollar-Kotelly on October 6, 2010. (lcckk1)
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| Filing 26 MOTION to Intervene as a Defendant by NATHAN SAUNDERS (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Text of Proposed Order, #10 Proposed Answer, #11 Motion to Enforce Stipulation, #12 Memorandum in Support - Motion to Enforce, #13 Text of Proposed Order - Motion to Enforce, #14 Motion to Shorten Time, #15 Memorandum in Support - Motion to Shorten Time, #16 Text of Proposed Order - Motion to Shorten Time)(znmw, ) |
| Filing 25 STATUS REPORT (JOINT) by AMERICAN FEDERATION OF TEACHERS, AFL-CIO, WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO. (Attachments: #1 Exhibit 1)(Gilligan, Charles) |
| Filing 24 AMENDED ANSWER to #4 Answer to Complaint, Counterclaim by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO. Related document: #4 Answer to Complaint, Counterclaim filed by AMERICAN FEDERATION OF TEACHERS, AFL-CIO.(Zwack, Brenda) |
| Set/Reset Deadlines: Joint Status Report due by 9/17/2010. (dot, ) |
| Filing 23 ANSWER to #4 Answer to Complaint, Counterclaim by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO. Related document: #4 Answer to Complaint, Counterclaim filed by AMERICAN FEDERATION OF TEACHERS, AFL-CIO.(Hajjar, Anton) |
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MINUTE ORDER (paperless) AMENDING minute order of September 9, 2010. The parties' Joint Status Report shall be filed no later than September 17, 2010 (not September 13, 2010, as previously stated). Signed by Judge Colleen Kollar-Kotelly on September 9, 2010. (lcckk1)
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MINUTE ORDER (paperless). Following the hearing scheduled for September 10, 2010, regarding the AFT's proposed administratorship of the WTU, the parties shall file a Joint Status Report indicating how they propose to proceed with this litigation. The parties shall file their Joint Status Report by no later than September 13, 2010. Signed by Judge Colleen Kollar-Kotelly on September 9, 2010. (lcckk1)
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| Filing 22 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. AMERICAN FEDERATION OF TEACHERS, AFL-CIO served on 8/19/2010, answer due 9/9/2010 (Attachments: #1 Exhibit USPS Online Verification)(Hajjar, Anton) (Main Document 22 replaced on 9/7/2010) (znmw, ). |
| Filing 21 MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on September 1, 2010. (lcckk1) |
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Filing 20
ORDER AND PRELIMINARY INJUNCTION. For the reasons set forth in the accompanying Memorandum Opinion, the AFT's #5 Motion for a Temporary Restraining Order and Preliminary Injunction is DENIED; and the WTU's #6 Motion for a Preliminary Injunction and for Setting of a Hearing and #9 Cross Motion for a Temporary Restraining Order are GRANTED-IN-PART and DENIED-IN-PART. It is hereby ORDERED that the AFT, its officers, agents, servants, employees, and attorneys, and other persons who are in active concert or participation with them, are preliminarily enjoined from conducting an election for officers of the WTU; from contacting members of the WTU about any election being conducted by the AFT; from imposing an emergency administratorship over the WTU pursuant to Article VI, Section 15(c) of the AFT Constitution; from any efforts to require the WTU to turn over documents related to the election of WTU officers; from otherwise interfering with the WTU's authority to conduct its election for officers; and from complying with the Decision and Order issued by the AFT Executive Council on August 4, 2010. This preliminary injunction shall expire upon the earlier of the ratification of an administratorship by the AFT Executive Council pursuant to Article VI, Section 15(b) of the AFT Constitution after a fair hearing, which has been scheduled for September 10, 2010, or the issuance of a final judgment in this case. The Court finds that there are no material costs or damages to the AFT as a result of this preliminary injunction, and therefore the WTU is not required to post security. Signed by Judge Colleen Kollar-Kotelly on September 1, 2010. (lcckk1)
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| Filing 19 ERRATA to the Second Declaration of George Parker by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO #15 Memorandum in Opposition, filed by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO. (Hajjar, Anton) |
| Filing 18 NOTICE of Declaration of Anton G. Hajjar by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO re #17 Reply to Document, (Attachments: #1 Exhibit A to Hajjar Declaration, #2 Exhibit B to Hajjar Declaration, #3 Exhibit C to Hajjar Declaration)(Hajjar, Anton) |
| Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Motion Hearing held on 8/31/2010 and taken under advisement re #5 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by AMERICAN FEDERATION OF TEACHERS, AFL-CIO, #6 MOTION for Preliminary Injunction and for Setting of a Hearing MOTION for Hearing filed by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO, #9 Cross MOTION for Temporary Restraining Order filed by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO. (Court Reporter Lisa Hand.) (dot, ) |
| Filing 17 REPLY re #14 Memorandum in Opposition, filed by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO. (Attachments: #1 Declaration of Brenda C. Zwack, #2 Exhibit 1 to Zwack Declaration, #3 Exhibit 2 to Zwack Declaration)(Hajjar, Anton) |
| Filing 16 REPLY to opposition to motion re #9 Cross MOTION for Temporary Restraining Order, #6 MOTION for Preliminary Injunction and for Setting of a Hearing MOTION for Hearing filed by AMERICAN FEDERATION OF TEACHERS, AFL-CIO. (Gilligan, Charles) |
| Filing 15 Memorandum in opposition to re #5 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO. (Attachments: #1 Declaration of Devonae Tinsley (with Attachment), #2 Declaration (Second) of George Parker (with Exhibits A-D))(Hajjar, Anton) |
| Filing 14 Memorandum in opposition to re #9 Cross MOTION for Temporary Restraining Order, #6 MOTION for Preliminary Injunction and for Setting of a Hearing MOTION for Hearing filed by AMERICAN FEDERATION OF TEACHERS, AFL-CIO. (Attachments: #1 2nd Declaration Randi Weingarten, #2 2nd Declaration Albert Squire)(Gilligan, Charles) |
| Filing 13 NOTICE of Appearance by David John Strom on behalf of AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Strom, David) |
| Filing 12 NOTICE of Appearance by Charles William Gilligan on behalf of AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Gilligan, Charles) |
| Filing 11 NOTICE of Appearance by Robert Matisoff on behalf of AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Matisoff, Robert) |
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Filing 10
ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on August 24, 2010. (SM)
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| Set/Reset Hearings: Preliminary Injunctin and Temporary Restraining Order Hearing set for 8/31/2010 09:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot, ) |
| Filing 9 Cross MOTION for Temporary Restraining Order by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Attachments: #1 Text of Proposed Temporary Restraining Order)(Hajjar, Anton) |
| Filing 8 NOTICE of Filing of Signed Declaration of George Parker by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO re #6 MOTION for Preliminary Injunction and for Setting of a Hearing MOTION for Hearing (Attachments: #1 Declaration of George Parker (Signed))(Hajjar, Anton) |
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MINUTE ORDER (paperless). On August 20, 2010, Plaintiff filed a #6 Motion for a Preliminary Injunction and for Setting of a Hearing and Defendant filed a #5 Motion for a Temporary Restraining Order and Preliminary Injunction. The parties have requested that the Court set a hearing as soon as possible to resolve these motions. Having reviewed the parties' filings, the Court hereby orders the parties to comply with the following schedule: opposition briefs shall be filed by no later than 4:00 P.M. on Friday, August 27, 2010; reply briefs shall be filed by no later than 9:30 A.M. on Monday, August 30, 2010. The Court shall consider the pending motions during a hearing on Tuesday, August 31, 2010 at 9:00 A.M. Signed by Judge Colleen Kollar-Kotelly on August 23, 2010. (lcckk1)
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| NOTICE OF CORRECTED DOCKET ENTRY: re #7 MOTION for Preliminary Injunction (Memorandum in Support) was entered in error at request of counsel because the wrong event was chosen, and it is a duplicate filing made in docket entry #6 . (dr) |
| Filing 7 ENTERED IN ERROR..... MOTION for Preliminary Injunction (Memorandum in Support) by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Hajjar, Anton) Modified on 8/23/2010 (dr). |
| Filing 6 MOTION for Preliminary Injunction and for Setting of a Hearing by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Attachments: #1 Declaration of Anton Hajjar, #2 Declaration of George Parker - Unsigned, #3 Text of Proposed Order)(Hajjar, Anton). Added MOTION for Hearing on 8/23/2010 (znmw, ). |
| Filing 5 MOTION for Temporary Restraining Order and Preliminary Injunction by AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Attachments: #1 Memorandum in Support, #2 Declaration - Randi Weingarten, #3 Declaration - Albert Squire, #4 Proposed Order, #5 Certificate of Service)(Bolek, Keith). Added MOTION for Preliminary Injunction on 8/23/2010 (znmw, ). |
| Filing 4 Defendant's ANSWER to #1 Complaint, COUNTERCLAIM against WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO by AMERICAN FEDERATION OF TEACHERS, AFL-CIO.(Bolek, Keith) |
| Filing 3 NOTICE of Appearance by Brenda Catherine Zwack on behalf of WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Zwack, Brenda) |
| Filing 2 NOTICE of Appearance by Melinda Kim Holmes on behalf of WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO (Holmes, Melinda) |
| Filing 1 COMPLAINT against AMERICAN FEDERATION OF TEACHERS, AFL-CIO ( Filing fee $ 350, receipt number 4616032041) filed by WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO. (Attachments: #1 Civil Cover Sheet)(jf, ) |
| Summons (1) Issued as to AMERICAN FEDERATION OF TEACHERS, AFL-CIO. (jf, ) |
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| Plaintiff: WASHINGTON TEACHERS' UNION, LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO | |
| Represented By: | Anton Hajjar |
| Represented By: | Brenda Catherine Zwack |
| Represented By: | Melinda Kim Holmes |
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| Defendant: AMERICAN FEDERATION OF TEACHERS, AFL-CIO | |
| Represented By: | Charles William Gilligan |
| Represented By: | Robert Matisoff |
| Represented By: | David John Strom |
| Represented By: | Keith R. Bolek |
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| Petitioner: NATHAN SAUNDERS | |
| Represented By: | Brian J. Markovitz |
| Represented By: | Jay P. Holland |
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